HomeMy WebLinkAbout90-95 • ` •
RESOLUTION NO. 90-93
RESOLUTION OF THE
CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS
ACCEPTING ASSIGNMENT OF CONSERVATION EASEMENT
ON LANDS OF AHRENS
WHEREAS, Abby Lynn Ahrens("Owner")previously executed a Conservation
Easement in favor of the Town of Los Altos Hills("Town") and such easement was
accepted by the Town at that time;
WHEREAS, Owner now requests that the property which is the subject of that
Conservation Easement be deannexed from the Town and annexed to the City of Los
Altos;
WHEREAS, in connection with the above proposal, the property referred to in
the Conservation Easement shall be assigned from the Town to the City of Los Altos; and
WHEREAS, the City Council of the Town has read and considered that
Assignment of Conservation Easement;
NOW, THEREFORE, the City Council of the Town does RESOLVE as follows:
1. The City Council of the Town hereby accepts the Assignment of Conservation
Easement on Lands of Owner on behalf of the public.
2. The Town of Los Altos Hills shall enter into and the Mayor is hereby
authorized and directed to execute the Assignment of Conservation Easement, a copy of
which is attached as Exhibit A.
PASSED AND ADOPTED this 6th day of December , 1995.
By:
Mayor
ATTEST:
City Clerk
14949/001/1044329.1
• • • •
This Document is Recorded
• For the Benefit of the
City of Los Altos
And is Exempt from Fee -
Per Government Code
Sections 6103 and 27383
When Recorded,Mail to:
City of Los Altos
One North San Antonio Road
Los Altos,CA 94022-3088
Attention: City Clerk
ASSIGNMENT OF CONSERVATION EASEMENT
THIS AGREEMENT is entered into this 1st day of December , 1995, by and
between Abby Lynn Aherns, an unmarried woman("Aherns"), the Town of Los Altos Hills, a
municipal corporation, as "Town" and the City of Los Altos, a municipal corporation, as "City".
RECITALS
A. Owner owns that certain real property located in the Town, which real property is
commonly known as 13711 Old Altos Road and is more particularly described on Exhibit A attached
hereto (the "Property").
B. On January 13, 1994, Owner granted a conservation easement to the Town on, over
and across the Property. The conservation easement was recorded in the Santa Clara County
Recorder's Office on March 22, 1995, as Instrument No. 12838295 ("Conservation Easement").
C. Owner now requests that the Property be deannexed from the Town and annexed to
the City. The City Council of the Town has consented to the deannexation subject to certain
conditions. The first condition imposed by the Town is that the Conservation Easement be assigned
by the Town to the City and accepted by the City.
D. The Town now desires to assign all of its rights and obligations under the
Conservation Easement to the City and the City desires to accept all of the Town's rights and
obligations under the Conservation Easement.
AGREEMENT
NOW, THEREFORE, the Town and City hereby agree and covenant as follows:
1. The Town hereby grants, transfers and assigns to the City all of the Town's rights and
obligations under the Conservation Easement, including, but not limited to, the Town's right to
enforce any of the terms and conditions contained therein.
• s • •
2. The City hereby accepts this assignment and accepts all of the Town's rights and
obligations under the Conservation Easement.
3. From and after the date of this Agreement, (i) any reference to the Town contained in
the Conservation Easement shall refer to the City and(ii)the Town shall no longer have any rights or
obligations under the Conservation Easement and shall no longer have any right to enforce any of the
terms and conditions contained in the Conservation Easement. Owner expressly acknowledges that
from and after the date of this Agreement, the City shall have the right to enforce any of the terms
and conditions contained in the Conservation Easement.
4. Except as expressly provided herein, the Conservation Easement shall remain in full
force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first above written.
"OWNER"
,
Dated: December 1, 1995 ��
Abby ynn e s
"TOWN"
TOWN OF LOS ALTOS HILLS
Dated: December 13, 1995 By:
ATTEST: APPROVED AS TO FORM:
City Clerk City orney
CITY OF LOS ALTOS
•
Dated: By:
ATTEST: APPROVED AS TO FORM
City Clerk City Attorney
14949/008/1041937.1
• • • •
. EXHIBIT A
PROPERTY DESCRIPTION
LANDS OF AHRENS
THE LAND REFERRED TO HEREIN IS SITUATED N THE STATE
OF CALIFORNIA, COUNTY OF SANTA CLARA, CITY OF LOS
ALTOS AS PARCEL B AND CITY OF LOS ALTOS HILLS AS
PARCEL A, AND IS FURTHER DESCRIBED AS FOLLOWS:
PARCEL A:
PARCEL 1,AS SHOWN ON THE PARCEL MAP FILED FOR
RECORD ON OCTOBER 20, 1982 IN BOOK 505 OF MAPS,AT
PAGE 24,SANTA CLARA COUNTY RECORDS.
PARCEL B:
PARCEL 3, AS SHOWN ON THE PARCEL MAP FILED FOR
RECORD ON OCTOBER 20, 1982 IN BOOK 505 OF MAPS, AT
PAGE 24, SANTA CLARA COUNTY RECORDS.
ASSESSOR'S PARCEL NUMBERS: 175-25-061 AND 175-12-019
• • • • •
State of California
County of Santa Clara )
On December 1 , 1995 before me, the undersigned Notary Public,
personally appeared Abby Lynn Aherns,; personally known to me (or
proved to me on the basis of satisfactory evidence) to be the
person whose name subscribed to the within instrument and
acknowledged to me that she executed the same in her authorized
capacity, and that by her signature on the instrument the person,
or the entity upon behalf of which the person acted, executed the
instrument.
WITNESS my hand and official seal.
Signatu-e (&PL&_- /22.
SEANAM. rREQ'
CONM #975854 --
r P NOTARY PUBLIC-CAUFORNIA 7
e '� SANTA CLARA COUNTY
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